Private Medical Institutions as Parties to Contracts for the Provision of Medical Services

Abstract

Under martial law, when the threat to life and health increases significantly, ensuring the availability, adequate quality, and continuity of medical care becomes critically important. The highest law of the state-namely, the Constitution of Ukraine guarantees the protection of individuals, their health, and their right to medical care and insurance.

All citizens should have access to affordable healthcare, as human life is considered the greatest social value.

Attention is drawn to the availability and continuity of care under these circumstances, as this is of critical importance. Citizens are given the option to choose between municipal and public healthcare facilities or to seek care at private institutions.

This article examines the development of the private sector in the provision of medical services and its legal capacity under civil law; it analyzes the legal status of the parties to contracts with patients, as well as the specifics of liability for the improper provision of medical care.

This study employed both general scientific and specialized legal research methods, including formal-logical, systemic-structural, and comparative-legal approaches, as well as methods of analysis and synthesis. The use of these approaches facilitated an in-depth examination of the legal nature of the phenomena under study and helped identify the key features of their legal regulation.

This paper analyzes the characteristics of legal liability in cases of failure to meet appropriate standards of care. This liability is multifaceted and is based on a combination of contractual and tort (non-contractual) forms. At the same time, it highlights the heightened demands placed on the burden of proof and compliance with professional norms and standards.

The report concludes that it is advisable to improve the regulatory framework governing the private healthcare sector. It proposes the introduction of higher standards of quality and transparency in the provision of medical services and emphasizes the importance of strengthening legal protections for patients when they seek care at private medical facilities.